DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 74/2020
D.No.__________________ Dated: _________________<
IN THE MATTER OF:
OM PARKASH S/o LATE Sh. JAGE RAM,
R/o H. No.344, VILLAGE & P.O.-LADPUR,
DELHI-110081. … COMPLAINANT
VERSUS
TATA POWER DELHI DISTRIBUTION LTD.
SEC.-3 (OPP.-NAHARPUR VILLAGE),
ROHINI, DELHI-110085. … OPPOSITE PARTY
CORAM: SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 31.01.2020
Date of Decision: 12.02.2020
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant is a consumer of electric connection bearing C.A. No.60003866484 vide meter no.41095663 and the complainant has been paying the electricity bills regularly which is being raised on the basis of meter reading from time to time and the complainant did not stop paying for the electricity consumed
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and the meter reading of the meter is being regularly conducted by the concerned person of OP. In the month of December-2019, the officials of OP removed the said meter from the site/house of the complainant without any cause and reason and installed new meter bearing meter no.10124643 and the officials of OP took signatures and photographs of the complainant at the time of change of meter and stated that the new meter is required at the premises and on faith of the version of the officials of OP, the complainant did not raise any question to them and permitted them for his photographs. On 28.01.2020, the complainant received a telephonic call from OP’s department and came to know that a bill of Rs.38,063/- has been raised by OP against him and no opportunity of being heard has been given by OP to the complainant in respect of the alleged consumption of the electricity and the complainant has been making the payment of all bills towards the electricity consumption and the current consumption of the new meter is also 172 Units for the period 09.12.2019 to 09.01.2020.
2. On these allegations, the complainant has filed the complaint praying for direction to OP to restrain OP not to recover illegal and unlawful amount of Rs.38,063/- from the complainant.
3. We have heard the complainant on the admissibility of the case and have considered the case of the complainant. The complainant has alleged some illegal acts by the officials of OP and has further
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alleged about deliberate act of power failure in the area on the part of OP.
4. However, the complainant has also placed on record copy of final bill dated 10.01.2020 of Rs.38,063/- for Dishonest Abstraction of Energy issued by Enforcement Assessment Cell, Sec.-3, Rohini, Delhi of OP.
5. In such cases i.e. of Dishonest Abstraction of Energy, it has been held by Hon’ble Supreme Court in the case entitled U.P. Power Corporation Ltd. & Ors. Vs. Anis Ahmad in Civil Appeal No.5466 of 2012 decided on 01.07.2013 that:
i) In case of inconsistency between the Electricity Act, 2003 and the Consumer Protection Act, 1986, the provisions of Consumer Protection Act will prevail, but ipso facto it will not vest the Consumer Forum with the power to redress any dispute with regard to the matters which do not come within the meaning of service as defined under Sec. 2(1) (o) or complaints defined under Sec. 2(1) (c ) of the Consumer Protection Act, 1986.
ii) A complaint against the assessment made by assessing officer under Sec. 126 or against the offences committed under Sections 135 to 140 of the Electricity Act, 2003 is not maintainable before a Consumer Forum.
6. In the present case, the complainant, as already observed has also filed copy of final bill dated 10.01.2020 of Rs.38,063/- for Dishonest Abstraction of Energy, it clearly shows that the complainant ought to have filed appeal against the said order to the Appellate Authority as per provisions of Sec. 127 of Electricity Act, 2003.
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7. Thus, relying on the judgement of Hon’ble Supreme Court, we are of opinion that this Forum has no jurisdiction to entertain and try the present complaint. Complaint is accordingly be dismissed.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of The Consumer Protection Regulations-2005. Therefore, file be consigned to record room.
Announced on this 12th day of February, 2020.
BARIQ AHMAD USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY : SATYENDRA JEET
